California Homeowners' Association Handbook
Description
How to fill out Homeowners' Association Handbook?
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FAQ
The Davis-Stirling Common Interest Development Act (Cal. Civ. Code ?4000 6150), governs HOAs in California. Initially passed in 1985, Davis-Stirling has been frequently amended since and addresses nearly every aspect of an HOA's existence and operation.
The CC&Rs drawn up by individual communities are rules under which residents conduct their daily lives within the residential community. These are publicly recorded. No CC&Rs can supersede local, state or federal law.
In California, HOA laws protect volunteer association board members from personal liability as long as the member has acted in good faith, in the best interest of the homeowners association and with the care that a reasonable person would use in a similar situation.
The Association's governing documents likely state that paying Board members is expressly forbidden. Board members are considered volunteers. They aren't paid a salary or a fee, and they don't get to benefit from any special perks.
No. Only the owner of a property can evict the tenant. If the tenant is violating rules of the Association, the board of directors should take action against the member. This can be in the form of a nuisance lawsuit or fines.
If your HOA is unresponsive to written communication, the first thing you want to do is take every action to contact the directors by phone. If you get no answers, find out if they are holding a meeting and attend it. If they still don't address your concern, you might need to seek legal advice.
California civil code allows HOA boards to raise dues up to 20% without seeking approval from the membership.
How to file a small claims lawsuit against an HOAStep 1: Identify the legal name for the HOA, their address, and their "agent of service of process."Step 2: Complete "Plaintiff's Claim and Order to Go to Small Claims Court" (Form SC-100)Step 3: File "Plaintiff's Claim and Order to Go to Small Claims Court"More items...
The HOA's rules, commonly referred to as Covenants, Conditions and Restrictions (CC&Rs)...To submit a complaint, please do the following:Fill out and send the complaint form.Please attach copies of supporting documents.Please include a copy of your written request(s) to the HOA as well as the HOA response letter(s).
